Cases of Interest.
NST is currently involved in a wide range of matters.
- for companies, shareholders and directors in respect of corporate governance, securities, oppression and/or director/officer liability issues, including derivative actions;
- in major construction disputes:
- in partnership disputes including questions of the existence of partnership;
- in international litigation and international enforcement of judgments;
- in subrogated insurance claims;
- for defendants in class actions;
- for major Canadian financial institutions in various stages of litigation;
- for parties involved in major civil forfeiture proceedings in British Columbia;
- for receivers, debtors and creditors in various insolvency proceedings;
- in various professional negligence and professional regulatory proceedings;
- for parties in the cannabis industry involved in commercial and shareholder disputes;
- for parties in disputes relating to issues involving property division, title, access, and major property and development projects;
- for parties in significant family business and wealth disputes;
- for parties in commercial disputes relating to small pleasure and commercial aircraft;
- in disputes between franchisors and franchisees.
The following are substantial cases of interest in which NST has been involved.
Concord Pacific Acquisitions Inc. v. Hong Leong Oei, Hong Kong Expo Holdings Ltd. and Canadian Metropolitan Properties Corporation
NST successfully defended a claim in excess of $350 million brought by Concord Pacific Acquisitions Inc. against three named defendants, including renowned Singaporean businessman, Hong Leong Oei. Partners Irwin G. Nathanson, Q.C. and Stephen R. Schachter, Q.C. and associate M. Caitlin Ohama-Darcus argued a 48-day trial before the Honourable Mr. Justice Voith. On July 19, 2019, the Supreme Court of British Columbia released its judgment.
NST acted for the plaintiffs in a case involving allegations of breach of trust, breach of fiduciary duty and knowing assistance arising from the winding up of four discretionary trusts that held significant hotel properties in BC and the United States. Peter Senkpiel acted as lead counsel throughout the matter, including in the 4 week trial, with support from Stephen Schachter Q.C. and James Parker.
NST successfully represented the Ming Sun Benevolent Society in setting aside a default judgment that had been granted against them. The Society has been working to redevelop its building, located in Vancouver’s historic Chinatown, into low-cost social housing, with financial assistance from the BC Housing Management Commission. The judgment creditors had sought damages of over $3,000,000. This result allows the Society to continue to pursue development. NST continues to represent the Society in the dispute.
NST successfully represented the College of Veterinarians of BC in an application to strike out claims by certain College registrants on the basis that the claims were an abuse of process and bound to fail on various grounds. Mr. Justice Harvey wrote detailed reasons addressing the complex factual and legal issues and struck all the claims advanced against the College, while also finding that some of the claims were a nullity as they had been brought without leave.
NST successfully acted for the plaintiff in a summary trial in a claim relating to an agreement for the purchase and installation of Google G-Suite software licenses and a counterclaim involving allegations of negligent misrepresentation. The plaintiff, Six Factor Professional Services Ltd., is an authorized reseller of Google products, and the defendant, Aquilini Investment Group Limited Partnership, has extensive business interests in British Columbia, including ownership of the Vancouver Canucks and Rogers Arena.